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A63180 The tryal of Laurence Braddon and Hugh Speke, gent., upon an information of high-misdemeanor, subornation, and spreading false reports endeavouring thereby to raise a belief in His Majesties subjects that the late Earl of Essex did not murther himself in the Tower ... / before Sir George Jeffreys. Braddon, Laurence, d. 1724.; Speke, Hugh, 1656-1724?; England and Wales. Court of King's Bench. 1684 (1684) Wing T2196; ESTC R24641 100,437 81

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After this Mr. Braddon as it appears did nevertheless pursue this business L. C. J. Pray only tell what you know of your own knowledg both before and after Mr. Blathwaite I know my Lord that Mr. Braddon having been in the Country came afterwards before the King and was again Examined upon this matter by which it appeared that he did continue in his pursuit though he was always informed of the denial the Boy made and that it was understood to be a Lye by the whole Family of the Edwards's as well as from the denial of the little Boy for they did confess that the Boy used to tell Lyes and one of the Sisters said he had denied it at first but afterwards was brought to say it And if I remember right the words of one of the Sisters were BRADDON COMPELLED THE BOY TO SIGN IT Those are the words in the Minutes that I took at the Examination therefore I believe it was so that the Boy had denyed before to sign it But this I only mention as what the Sister said L. C. J. Have you any more questions to ask Mr. Blathwaite Gentlemen Mr. North. Because we will not trouble Mr. Blathwaite to call him again pray produce the Letter Mr. Att. Gen. Pray Sir will you look upon that Letter and tell the Court what you know of it and whose hand it is Mr. Blathwaite My Lord this is a Letter that was produced before the King when Mr. Speke attended there It was then put into my hands and I do well remember and likewise I have written upon it that Mr. Speke owned it to be his Letter L. C. J. Did he own it to be his Letter Sir Mr. Blathwaite Yes he did own it to be his Letter Mr. Att. Gen. That is all we have to trouble you with at present Sir We will now call Mr. Mon-Stevens who standing up by the Cryer was sworn And we call him to prove That Mr. Braddon had notice the Boy had disowned this Matter Mr. Sol. Gen. You hear the Question Sir pray acquaint my Lord and the Jury what you know of this Boys Examination before the Council and this Gentleman 's having notice the Boy disowned the thing Mr. Monstevens My Lord About 5 or 6 days after my Lord of Essex had murdered himself in the Tower I saw Mr. Braddon at the Secretary's Lodgings my Lord Sunderland's Lodgings at White-hall with a young Woman and a Boy about 12 or 13 years old The Boy was just now in Court I saw him there He came to me and told me he had earnest Business to speak with my Lord Sunderland That he came from Sir Henry Capel and he told me he came with an Information That the Boy had given relating to the Earl of Essex's death The Information I believe is in Court. He gave me the Information and I read it and I remember there was something in the Information of a Razor thrown out of a Window a bloody Razor thrown out of my Lord Essex's Window and after I had read the Information I told Mr. Braddon I wonder Sir Henry Capell had not appeared himself in a Matter of that moment wherein the Reputation of his Family was so much concerned and I took the liberty to tell him That I believed if Sir Henry Capell had thought that to be true that was contained in that Paper he would doubtless have came to my Lord Sunderland himself Thereupon he told me That Sir Henry Capell had not been well and did not stir abroad Then I told Mr. Braddon again as I very well remember That I was confident he had been abroad lately and had been to wait upon the King since the death of my Lord of Essex Then my Lord he had little or nothing to say to that but he said what he did he was obliged to do in Conscience and out of the Duty he owed to the Memory of my Lord of Essex Upon that my Lord Sunderland came by and I went with him to my Lord Sunderland and he gave him that Paper as I suppose which I read and my Lord Sunderland took the Information and afterwards Mr. Braddon was committed in Custody and then the thing was brought before the King and the Lords of the Council which Mr. Blathwaite has given you an accompt of Mr. Att. Gen. My Lord I pray that a word of the Information may be read we will first prove the Information taken by him and then call Sir Henry Capell who will prove that he never had any Order from him as he said he had but it was only his own busy Inclinations Cl. of Cr. This is Subscribed William Edwards L. C. J. Call the Boy in again Mr. Braddon May I ask Mr. Monstevens a Question My Lord L. C. J. Ay ask him what you will Mr. Braddon Sir Did not I come to you the Thursday Evening and waited at the Dutchess of Portsmouth's Lodgings before I brought the Boy and the Girl to White-hall Mr. Monstevens No I did not see you there Mr. Braddon You are positive in that Sir Mr. Monstevens Yes I will take my Oath again of it if you will Mr. Braddon Then I will prove I was and that I saw you at Ten of the Clock that Morning Mr. Monstevens I remember my Lord very well That I was surprized to see him at the Lodgings at White-hall I never saw him to the best of my remembrance but once in my life Mr. Braddon What time was it pray you first saw me Mr. Monstevens It was in the Afternoon as I remember L. C. J. Hark you young Man do you know my Lord Gerard Wil. Edwards Yes L. C. J. Which Lord Gerard do you know Wil. Edwards My Lord Brandon Gerard. L. C. J. How came you to know him Wil. Edwards By sight I know him L. C. J. Do you know where he lodged in the Tower Wil. Edwards Yes L. C. J. Where Wil. Edwards At one Mr. Sam 's L. C. J. Was you ever in his Lodging Wil. Edwards No. L. C. J. Never at all Wil. Edwards No. L. C. J. Did you never tell any body you were in my Lord Brandon Gerrad's Lodgings Wil. Edwards Never in my life L. C. J. Did you never tell Braddon that you went to see his Lodgings Wil. Edwards Into the House I never went L. C. J. Did you never tell Braddon That you went to see my Lord Brandon Gerard's Lodgings Never in your life Wil. Edwards No Sir L. C. J. Now read it Cl. of Cr. Reads The Information of William Edwards second Son to Thomas Edwards of the Parish of Allhallowes Barkin London taken the 18 th day of July in the 35 th year of the Reign of our Sovereign Lord King Charles the 2 d. Anno 1683 says That this Informant on Friday the 13 th of this instant July as he was going to School with his Brother Edward he heard that his Majesty and his Royal Highness the Duke of York were going to the Tower Whereupon
my self in it any further at all than Writing the Letter which I did not well know what I Writ L. Ch. Just Well have you any more to say Mr. Speke Mr. Speke No my Lord. L. Ch. Just Have you any more Mr. Bradden Mr. Bradden My Lord I have only this to say for my self It has not been proved directly or indirectly That I used any evil Arguments to perswade these Witnesses to testify what was false but I dealt with them with all the Candour that any Person in the World could use and used all the Caution that I could to hinder them from speaking any thing that is false There has been nothing proved of evil Practice used by me and I desire the Gentlemen of the Jury to take no other notice of any thing that has been or shall be spoken but what has been Proved L. Ch. Just Gentlemen of the Jury The Evidence has been very long that has been given both for and against the Persons against whom this Information is exhibited 'T is an Information exhibited by the Kings Attorney General in His Majesties Name against Lawrence Bradden and Hugh Speke And the Information does set forth That the late Earl of Essex Murdered himself in the Tower and that thereupon there was an Inquisition taken before the Coroner that did find that he had so Murdered himself he being before that time Committed for High Treason in Conspiring the death of the King and levying War to disturb the Government And these Persons did render that Inquisition as tho' it had been Fraudulently and Irregularly obtained and also to breed ill Blood and spread false Rumours among the Kings Subjects by endeavouring to perswade them to believe That the Earl of Essex was Murdered by some other hand and had not Murdered himself and had procured false Witnesses to testify some such matter in order to the spreading about that false Rumour This is the Substance of the Information To this Information they have both pleaded Not Guilty and the Evidence as I was telling you has been somewhat long but according to the best of my Memory and for the assistance of yours I will mind you of as many things as occur to me that have been said against them and what has been said on their behalf I mean so much of it as is Evidence For I must tell you all Hear-says and common Discourses of other Persons is not Evidence and I will give you that Reason that is sufficient to satisfie any man that is Unbiassed That if in case the Person that so told the Story had been here if he had not told it upon Oath you could not have believed that Person Therefore surely there is less credit to be given to him that tells a Tale out of another bodies mouth And I tell you this because there has been great Allowances given and ought to be when people are accused of such great and weighty Crimes for these are monstrous Crimes that these Gentlemen are accused of but 't is you that are to try whether they are Guilty or not Certainly there is scarce in Nature a greater Crime that can be committed than This that is now before you for I think Robbery or any other such Felonies are not such monstrous Crimes in their true real Weight tho' in consideration of Law in respect of Punishment they are greater yet in point of Crime they are surely less for to spread false Reports in order to raise Sedition Ill-will Heart-burnings and Jealousies in the Kings Subjects against the Government and to suborn Witnesses to that evil purpose is surely a much greater Crime than robbing on the High-way Now Gentlemen 't is not unknown to most of you what indeavours have been of late made to possess the minds of the King's Subjects of great Injuries designed to be done them by the King or His Authority And in order to foment Differences and Misapprehensions between the King and his People and among the People between one and another all Arts have been used to Proscribe People that they are minded to Expose Those they bare ill will to must be called Papists or Papists in Masquerade but They and their Confederates are the Sober Party the true Protestants as if there were none Sober or True Protestants but such as are Factious and Troublesom in the Government But by these things they bring an Odium upon the Name of a Protestant their aim is by distinguishing to divide us whereas if they were Protestants in truth the true Church of England Protestants they would have another behaviour they would learn to obey and submit to Authority and not go buzzing from House to House and spreading false Reports but study to be quiet and do their own business And tho' Mr. Bradden made use of the 5 th Chap. of the Acts to the Child he would have done well to have taken notice of some other parts of Scripture that are as much Scripture as That that enjoyn Obedience and Submission to the Magistrate and being quiet and minding his own business it's odds he had never come to that trouble he is now likely to meet with But the Crime he is accused of carries all the Venom and Baseness the greatest inveteracy against the Government that ever any Case did that I have met with For it s insinuated That because the King and the Duke were walking in the Tower that day and near that time when this unfortunate thing happened now it must be whispered as though the King and the Duke had designed this Murder How Base How Devilish and Hellish a Design is this But yet this must be spread about and endeavoured to be distilled into the minds of the Kings Subjects But besides Gentlemen you are to consider as was opened by the King's Counsel to what this thing tended for in as much as there was an horrid bloody Conspiracy to take away the life of the King and of his Dear Brother his Royal Highness the Duke of York And forasmuch as several persons have been duely executed for that Conspiracy who were concerned along with this unfortunate Lord I cannot help the naming of it though I am sorry for his misfortune for the sake of that Honourable Family but rather than he would abide his Tryal God knows what other reason he had but the probability of the thing speaks it he being conscious the great Guilt he had contracted in being concerned in such a Conspiracy made him destroy himself And 't is easie to imagin how far that might prevail upon him it being done immediately after my Lord Russel who was one of the Conspirators with him was carried to his Tryal It cannot be thought but it was to prevent the methods of Justice in his own particular Case And Gentlemen there was Digitus Dei in it and it is enough to satisfie all the World of the Conspiracy though we live in an Age wherein men are apt to believe only of one side they can believe
if he had done no more but given him this advice it had been worthy of commendation but when the Boy had refused to sign it for him to go and make such a stir without examining further into the particulars but only taking a slight report from such a Child and to make such a disturbance in the Nation and such a Noise not only here but abroad as this has done sure argues neither uprightness nor Conscience Had the Boy stood in it and persevered in it it had become him in regad of the tenderness of the boys age to have been more inquisitive into Circumstances before he gave such credit to what he said as to make all this adoe But what says the Boy when he comes here he is now upon his Oath and he tells you He did tell his Mother so at first and he did tell Mr. Braddon so at first but afterwards when his Sister spake to him and bid him be sure to tell nothing but what was truth then he said truly it was not truth He tells you Mr. Braddon offered him the Paper to sign but he would not sign it and being asked the Question Why he would not sign it He says because it was not true and being asked Whether Braddon had notice of this the Mother and Sisters all tell you He had notice the Boy had denyed it How came Mr. Braddon what Authority had he to take this Examination He is no Justice of Peace no Magistrate that had any authority to take Examinations What concern had he in it more than other people The Boy could tell him there were abundance of people there besides himself though it was a Lye he told then and that the Girl told now Why did not he stay to have it confirmed by some of those people Why did not he carry these Children before some Magistrate or Justice of Peace some body that had authority to take Examinations There was a Spirit that prevailed with Mr. Braddon to engage and make a stir in this business and you may easily guess what a kind of Spirit it was which gave him this authority that he had not before Gentlemen Another thing is this 'T is plain and the Boy now swears it directly That whereas he put it into his Information How that he told him he was going to see my Lord Brandon Gerrard's Lodgings but now he is upon his Oath he swears directly he never told him any such thing and yet he hath put it into the Paper he made him sign He tells you a second time Mr. Braddon came to him which was after the Boy had refused and declared himself unwilling and that then he was perswaded by Mr. Braddon who told him there was no harm in it if there be any harm it would be to him and not to the Boy and so by vertue of that he insinuated himself and got the Child to sign that Paper which is every Tittle of it false as the Boy now swears directly And he tells you How he was imposed upon by Mr. Braddon pretending there was no harm to him all the harm would come to himself and by reason of these Insinuations he was prevailed upon to put his Name to that which was notoriously false The next Witness to make it appear that it was notoriously false not only by the Boy himself but by other Circumstances is Hawkins the Ministers Son Dr. Hawkin's Son of the Tower And he tells you I play'd Truant as well as he that day and I saw the King and the Duke at the Tower and when I had seen them I went about as they did and afterwards I went home and there came a Report that my Lord of Essex had cut his Throat which made me go back again to the Tower and there was I a considerable time gaping among other people and there did I see this Boy Edwards when he came there I was there I was there all the time that he was there and we went out of the Tower together and there was no such thing nor any pretence or ground for such a story And Edwards himself being asked the Question upon his Oath doth likewise say Hawkins was with him all the time there So that that shews not only by what the Boy says that it was false but it is also proved false by the Testimony of this other Witness Hawkins Then next comes Mr. Blathwait who was present when Mr. Braddon was before the King and what does he say He says there was the Boy fetched and the Girl fetched and all persons examined there and then 't is told him all the Boy had said to him was false and it was told him with all its Circumstances So that notice sufficient if you will believe Mr. Blathwait was given to this Mr. Braddon That the Boy had denyed it then as he had before to his Sister So he knew it was false But what does Mr. Bradden do now He is so far from being satisfied in the Matter that instead of stopping there his Zeal transported him to pursue it further And so he tells you that Mr. Braddon confessed he would have got some Justice of Peace to have the Boy examined and he applyed himself to Sir Robert Clayton and Sir John Lawrence There were many Justices of the Peace besides them in London to whom he might have applyed himself But when he comes to Sir Robert Clayton and acquaints him with the matter he would not do it alone it was thought a Matter of that Importance Then says Mr. Bradden you shan't do it at all He must have the kindness of having it done in private to have it examined when any body was by was not so well for his purpose which shews you still Gentlemen his design was to contrive privately to effect that which the light should not easily discover Then the next thing is the Evidence of Mr. Monstevens And he gives you an account That he came to him and he read the Information and gave him a Caution that he wondered at him says he Why do you concern your self about this business there is Sir Henry Capell he does not concern himself Then he pretended to come in his Name but at length when Mr. Monstevens began to dispute it with him why Sir Henry did not appear himself in it Then truly Sir Henry Capell was very ill and could not possibly come himself but I am to go to him and give him satisfaction about what I do and so also to the Countess of Essex No says Mr. Monstevens that cannot be for Sir Henry Capell is not so ill but that he has been with my Lord Sunderland and with the King too since the death of my Lord of Essex To which he made him no Answer So that that was but an excuse and a Subterfuge but yet notwithstanding all this Caution he continues on his Zeal in the thing whereupon Mr. Monstevens brought him to my Lord Sunderland and what discourse has past between them